Jesse M. and Lura L. Lewis - Page 37

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          agreeing to stipulated decisions when they or their counsel were            
          aware of the Government’s misconduct, had rescinded their earlier           
          piggyback agreement.  Respondent urged that because petitioners             
          made a “fully formed decision to opt out” of the Dixon                      
          litigation, they could not show that their decision to settle was           
          caused by the previously disclosed fraud on the Court.                      
               This Court directed petitioners to submit replies to                   
          respondent’s objections, and petitioners did so on August 20,               
          2004.  Therein, petitioners maintain that permitting them to                
          reopen their cases and participate in the Thompson settlement               
          would be “the only meaningful part of the sanction” mandated by             
          the Court of Appeals.  They also asked for a hearing on their               
          motions in order to highlight alleged intimidation of Kersting              
          project petitioners by respondent’s agents.                                 
               On February 14, 2005, petitioners filed a supplement to                
          their motions for leave.  In the supplement, Messrs. O’Donnell              
          and Jones address respondent’s litigating position following the            
          remand in Dixon V.  They ask that respondent’s litigating                   
          position be characterized as a proposed settlement that includes            
          both a forgiveness of interest for the 12 years preceding 1992              
          and a reduction of 62 percent in the deficiencies determined by             
          respondent.  They then ask the Court to impose this proposed                
          settlement summarily.  Although we gave respondent leave to reply           







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